Whistleblower cases occur in all kinds of workplaces. A recent case in Flowood serves as an example of how a police officer might bring a whistleblower claim against a municipality after being forced to resign.
A patrolman from Flowood alleges that he was obliged to resign after he was accused of using excessive force during the arrest and conviction of a woman who had caused a car accident. The woman was belligerent and uncooperative towards the officer and towards other officers that were working with him. A blood sample was eventually taken from the woman, and the test result showed that her blood alcohol level exceeded the legal limit.
As you can see from the description of what happened, it appears as though the woman should have been charged with DUI. The officer had charged her with DUI, but at some point, the chief of police approached him to talk about the woman’s arrest. The chief of police suggested to the officer that the woman might not have been intoxicated when she got arrested, that it was possible that she had been under the influence of Ambien, a prescription sleep medication. The officer told the chief that if that were true, then she should not have been driving.
After that conversation, the officer realized that the chief might have been suggesting that he drop the woman’s DUI charges. Shortly afterward, the chief met with the officer again, this time to discuss his arrest record. The chief told him that he had charged more people with assault on an officer than any other officer in the department. The officer replied that he felt that it was important that officers enforce the law to protect themselves from harm. He also interpreted the conversation as a second suggestion that he drop the woman’s DUI charges. When he did not drop the charges, the chief had a Lieutenant review a video of the officer’s interactions with the woman while she was at the police station. The Lieutenant claimed that the video showed that the officer used excessive force towards the woman, that he belittled her, and that he would recommend that the officer be fired. The officer chose to resign and then brought a lawsuit against the police department for wrongful termination.
Employment in Mississippi is generally at will. However, the McArn doctrine provides an exception to the employment-at-will doctrine that acknowledges wrongful termination if an employee gets fired for refusing to participate in an illegal activity or for reporting illegal activity by his employer. While the officer does not contend that he was asked to take part in any illegal activity, he does assert that being fired after being asked by his employer to refrain from charging an intoxicated person with DUI should be considered reporting illegal activity by his employer. The officer maintains that he got fired for doing his job properly.
The officer’s wrongful termination whistleblower claim got dismissed by the circuit court, and he appealed the decision to the Mississippi Court of Appeals. The Court of Appeals upheld the dismissal, which noted that if the court were to rule for the officer, every disciplinary action or personnel decision that any law enforcement agency makes could potentially result in a wrongful discharge lawsuit.
Barrett Law PLLC: Standing Strong for Mississippi Whistleblowers
If you would like to learn more about whistleblower protection in Mississippi, call the Mississippi Whistleblower Attorneys at Barrett Law PLLC today at 1 (800) 707-9577 to schedule an initial consultation.